(1) condition
1. Dissolve the employment contract with the original practice institution or the employment contract will not be renewed upon expiration, or be removed from the original firm, or the partner will not practice in the original firm after quitting.
2, one of the following circumstances, shall not apply for change of practice:
(1) During the period when the lawyer is punished for stopping practicing;
(two) the person in charge, partners and lawyers who are directly responsible for the law firm to suspend business for rectification before the expiration of the time limit;
(3) If the law firm should be terminated, the person in charge, partners and lawyers who are directly responsible for the revoked practice license of the law firm before liquidation and cancellation.
(2) A public lawyer applying to become a social lawyer shall submit the following materials:
1. Apply for changing to social lawyer;
2. A certificate issued by the law firm applying for practice agreeing to accept its practice in this firm;
3, lawyer qualification or legal professional qualification certificate copy (other provinces and cities to obtain qualifications, but also need to provide qualification files);
4. A certificate issued by the original work unit that the applicant has resigned;
5. The filing certificate issued by the personnel file keeping department;
6. A certificate issued by the public security organ where the household registration is located that the applicant has not received criminal punishment (except for negligent crimes);
7. A copy of the practice certificate of the original public lawyer.
(3) Others
1. If a lawyer changes his practice institution across a city divided into districts, the lawyer's practice file shall be handed over between the original practice institution and the municipal judicial bureau where the changed practice institution is located.
2. If the original practicing law firm refuses to handle the relevant handover and settlement matters without justifiable reasons and issues a certificate, and still refuses to handle it after mediation by the affiliated lawyers' association or the judicial administrative organ orders it to make corrections, the affiliated lawyers' association may handle it on its behalf and issue a certificate.
3. In case of changing the practice institution and joining (or quitting) the partner, the law firm that accepts (or quits) the practice shall handle it in accordance with the provisions on the filing of partner change.
4. If a lawyer changes his practice institution, he shall issue a new lawyer's practice license. The founder of a newly established law firm does not need to submit the materials needed to change the practice institution to renew the lawyer's practice license.
5, lawyers from outside the province to apply for practicing in our province, should handle the lawyer file transfer procedures. If it is necessary to obtain the lawyer's file, you need to fill in the Application Form for Obtaining the Lawyer's File (see Annex 2 for the sample form).
6, lawyers in our province to apply to practice outside the province, need to go through the formalities of lawyer files. To obtain a lawyer's file, you need to fill in the Application Form for Obtaining a Lawyer's File (see Annex 3 for a sample form) and return the lawyer's practice certificate to the original issuing authority.
7. Lawyers practicing as members of * * * party member and * * must also go through the formalities for the transfer of party-group relations.
Extended data:
I. Classification of lawyers
Lawyers in China are divided into social lawyers, military lawyers, and public lawyers and corporate lawyers who are conducting pilot projects. According to the regulations, state functionaries who meet the laws and relevant regulations can engage in legal work and concurrently serve as public lawyers. Public lawyers are actually civil servants, providing legal services for the government's administration according to law.
But public lawyers can't face the society and can't charge any fees. Not all state employees can be practicing lawyers at the same time, but those who work in the judicial bureau can be public lawyers.
Public lawyers must be civil servants, administrative establishment and civil servant registration form. There is a classification of full-time legal aid lawyers, which requires the legal aid center (a subordinate institution of the Judicial Bureau) to be formally established, and the number of staff (career and administration are not limited).
Social lawyers, public lawyers and legal aid lawyers have different certificates, and the lawyer law clearly stipulates the rights and obligations of social lawyers. The legal aid lawyer's license is a "work permit", not a "practice license".
Public lawyers generally only deal with the legal affairs of their own administrative units.
Legal aid lawyers handle legal aid cases on a full-time basis.
Legal aid cases can be handled (assigned) by social lawyers, but not by public lawyers.
Second, the difference between public lawyers, corporate lawyers and ordinary social lawyers.
First, the career orientation is different.
The practice institution of social lawyers is a law firm, which provides paid legal services for all kinds of social subjects according to law. Public lawyers are public officials of party and government organs and people's organizations, and corporate lawyers are employees of state-owned enterprises.
Public lawyers and corporate lawyers can only serve their own units and handle legal affairs on their behalf. Do not work part-time in law firms and other legal service institutions, handle litigation or non-litigation legal affairs outside the unit as a lawyer, and do not engage in paid legal services.
Second, the application conditions are different.
Compared with social lawyers, lawyers who apply for public office and company lawyers do not need to practice in law firms, but must be public officials who specialize in legal affairs or serve as legal advisers in party and government organs and people's organizations, or employees who serve as legal advisers in state-owned enterprises and sign labor contracts with state-owned enterprises according to law. ?
Third, the management institutions are different.
The daily management organization of social lawyers is law firms. The daily management institutions of public lawyers and corporate lawyers are the working institutions of party and government organs and people's organizations, the legal institutions of the government and the legal affairs institutions established by state-owned enterprises. Judicial administrative organs and lawyers' associations are responsible for supervising and managing the practice activities of public lawyers and corporate lawyers. ?
Public lawyers and company lawyers can apply to become practicing lawyers when they leave their original units. An applicant who applies to become a practicing lawyer must meet the legal requirements of the Lawyers Law and the Measures for the Administration of Lawyers' Practice, and handle it in accordance with legal procedures. His experience as a public lawyer or company lawyer is included in the lawyer's practice years.
Baidu Encyclopedia-Opinions on Implementing the Legal Advisor System and Lawyer System of Law Firms
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